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LEAPFROG APP CENTER TERMS AND CONDITIONS

Last Update 10/2/2012

THE AGREEMENT SET OUT BELOW GOVERNS YOUR USE OF THE LEAPFROG APP CENTER, SERVICES, AND PRODUCTS. YOU AGREE TO THESE TERMS BY USING THE SERVICES.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

LEAPFROG APP CENTER TERMS OF USE

THE SERVICES
LeapFrog is the provider of the LeapFrog App Center services (“Services”) that permit you to license the software products and digital content (“Products”) for end user use under the terms and conditions set forth in this Agreement and the applicable end user license agreement for such Products.

REQUIREMENTS FOR USE OF THE SERVICES
These Services are available for individuals aged 18 years or older.
Use of the Services requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access the Services and may be required for certain transactions or features and to download Products previously purchased from the Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Services.

YOUR ACCOUNT
As a registered user of the Services, you may establish an account ("Account"). Don’t reveal your Account information to anyone. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify LeapFrog of any security breach of your Account. LeapFrog shall not be responsible for any losses arising out of the unauthorized use of your Account. 

In order to purchase and download Products from the Services, you must enter your LeapFrog ID and password to authenticate your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Services ("App Registration Data"), and you agree to update your App Registration Data to keep it accurate and complete.

PRIVACY
The Services and App Registration Data are subject to LeapFrog's Privacy Policy.

USE OF PRODUCTS AND THE SERVICES
The delivery of Products does not transfer to you any promotional use rights in the Products.
 
You acknowledge that some aspects of the Services, Products, and administration of the Usage Rules entail the ongoing involvement of LeapFrog.  If LeapFrog changes any part of or discontinues the Services, which LeapFrog may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that LeapFrog shall have no liability to you in such case.

INTELLECTUAL PROPERTY
You agree that the Services, including but not limited to Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by LeapFrog and/or its partners, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way whatsoever.
Notwithstanding any other provision of this Agreement, LeapFrog and its partners reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Services at any time without notice. In no event will LeapFrog be liable for making these changes. LeapFrog may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability. 

All copyrights in and to the Services (including the compilation of content and postings) and related software are owned by LeapFrog and/or its partners, who reserve all their rights in law and equity.
 
LeapFrog, the LeapFrog logo, and other LeapFrog trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of LeapFrog Enterprises, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

LEAPFROG APP CENTER TERMS OF SALE

PAYMENTS, TAXES, AND REFUND POLICY
The Services accept these forms of payment: Leaplet Cards, LeapFrog App Center Download Cards (App Center Download Cards are not available for use on all transactions), and credit cards (credit cards may not be accepted in all countries). If a LeapFrog App Center Download Card is used for a transaction, the amount is deducted at the time of your transaction. When making purchases, LeapFrog App Center Download Cards and Leaplet Cards are used first and your credit card is then charged for any remaining balance (where credit cards are accepted).
 
We will charge taxes on the Products purchased when taxes are applicable. 

If a Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund, replacement (if a replacement is available), or credit. If technical problems prevent or unreasonably delay delivery of your Product, your sole remedy is either replacement or refund of the price paid, as determined by LeapFrog. 

All sales of Products are final. 

Prices for Products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. LeapFrog reserves the right to cancel an order for a Product in the event of a typographical or other clear error in the price listed for the Product. 

LEAPFROG APP CENTER DOWNLOAD CARDS
LeapFrog App Center Download Cards, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase LeapFrog App Center Download Cards; used to gift Products; used for purchases on the LeapFrog online store; or used to purchase LeapFrog products in retail stores. Unused balances are not transferable.

LeapFrog App Center Download Cards may be redeemed through the Services in the LeapFrog App Center in the country where the LeapFrog App Center Download Card was purchased. 

The LeapFrog App Center Download Cards cash value is 1/10 of one cent.
 
LeapFrog is not responsible for lost or stolen LeapFrog App Center Download Cards. Risk of loss and title for LeapFrog App Center Download Cards transmitted electronically pass to the purchaser upon electronic transmission to the recipient. 

LeapFrog reserves the right to close accounts, and/or disable an account’s ability to use Services and/or download Products, and/or request alternative forms of payment if a LeapFrog App Center Download Card is fraudulently obtained or used on the Service.
 
LEAPFROG, AND ITS AFFILIATES, LICENSORS, AND LICENSEES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEAPFROG APP CENTER DOWNLOAD CARD, OR THE LEAPFROG APP CENTER, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A LEAPFROG APP CENTER DOWNLOAD CARD IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH LEAPFROG APP CENTER DOWNLOAD CARD. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
LeapFrog is not responsible for typographic errors.

GIFTING
Gifts purchased from the Services may be purchased only for and redeemed by only persons in the United States and its territories and possessions. Gift recipients must have compatible hardware to utilize the gift. Only credit cards can be used to purchase and gift Products.

ADDITIONAL TERMS

TERMINATION
If you fail, or LeapFrog suspects that you have failed, to comply with any of the provisions of this Agreement, LeapFrog, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate any license to the Products or Services; and/or (iii) preclude access to the Services (or any part thereof). 

LeapFrog reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and LeapFrog will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
LEAPFROG DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME LEAPFROG MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY LEAPFROG) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. 

IN NO CASE SHALL LEAPFROG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LEAPFROG'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

LEAPFROG DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LEAPFROG DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE SERVICES.

CHANGES
LeapFrog reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

MISCELLANEOUS
This Agreement constitutes the entire agreement between you and LeapFrog and governs your use of the Services, superseding any prior agreements between you and LeapFrog. You also may be subject to additional terms and conditions that may apply when you use certain Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. LeapFrog's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. LeapFrog will not be responsible for failures to fulfill any obligations due to causes beyond its control. 

The Services are operated by LeapFrog from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. All transactions on the Services are governed by California law, without giving effect to its conflict of law provisions. Your use of the Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with LeapFrog or relating in any way to your use of the Services resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No LeapFrog employee or agent has the authority to vary this Agreement. 

LeapFrog may notify you with respect to the Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Services. Notices shall become effective immediately. 

LeapFrog reserves the right to take steps LeapFrog believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that LeapFrog has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as LeapFrog believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to LeapFrog's right to cooperate with any legal process relating to your use of the Services and/or Products, and/or a third-party claim that your use of the Services and/or Products is unlawful and/or infringes such third party's rights).